1 Context sensitivity and policy failure
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4 A hard policy can be considered as a set of prescriptions that govern some
5 social mechanism so as to achieve some desired outcome:
6 * Drug control laws specify how certain substances can be acquired -- if at
7 all -- so as to limit harm to people in society caused by the direct (e.g.
8 overdose) and indirect (e.g. anti-social behaviour) consequences of drug
11 Policy must define a context in order to be applicable:
12 * Drug control legislation typically operates within the context of the
13 possession, production, and distribution of drugs.
15 Elements in the 'real life context' of some event to which a policy pertains
16 can affect the validity of the policy, either in its effectiveness or in the
17 moral correctness of its goal -- these may be considered as the externalities
19 * Some people use drugs in ways that are not harmful to themselves or people
20 around them. In this instance it would be immoral to restrict their
23 The context specified in a policy will always be a strict subset of the 'real
24 life context' in which the events to which the policy pertains take place:
25 * Drug cotrol legislation cannot cover the myriad reasons people use drugs
28 Therefore it is almost certain that every policy will have externalities,
29 and thus hard policies are always open to failure:
30 * By defining hard rules that restrict access to drugs, there will always
31 be instances where lack of access prevents a morally correct use of those
34 A soft policy, in contrast to a hard policy, consists of guidelines, rather
36 * We might consider "drugs can cause addiction, mental health issues, and as
37 results of these, anti-social behavior" as a primitive soft policy.
38 * Notice that this, instead of talking about _how_ drugs can be
39 controlled, instead talks about the _effects_ they can have.
41 Soft policies are less vulnerable to failure, because they are more open to
42 incorporating elements of the wider 'real life context' than their hard
44 * Consider the case where someone is found in possession of a drug: under
45 the soft policy we are invited to consider the behaviour and state of mind
46 of the person in question, whereas under the hard policy we are 'told'
47 that possession in itself is morally wrong or must be dealt with in some
52 Do soft policies necessitate different social mechanisms for their enactment?